Abstract

The article presents a civil law qualification of a contractual clause making the effectiveness of a contract dependent on the approval of a governing body of a company which is a party thereto. The qualification has been made taking into account the market practice concerning the said clause, whereas the issues discussed in the article allow for answering the question when such a provision constitutes a conditio iuris, or when the provisions regarding a condition within the meaning of Art. 89 of the Civil Code shall be applied to such a clause. The qualification of the said clause shall determine its effectiveness.